Competency certificates, licences, permits, authorisations and

(1) The Registrar may issue any competency certificate, licence, permit or authorisation contemplated in this Act—

(a) on receipt of an application completed in the prescribed form, including a full set of fingerprints of the applicant; and

Uncommenced amendment

(a) on receipt of an application completed in the prescribed form, including such fingerprints of the applicant as the Registrar may require; and

[S 6(1)(a) substituted by s 5 of Act 28 of 2006 with effect from date to be proclaimed.]

(b) if the applicant complies with all the applicable requirements of this Act.

(2) Subject to section 7, no licence may be issued to a person who is not in possession of the relevant competency certificate.

(3) Every application for a competency certificate, licence, permit or authorisation must be accompanied by such information as may be prescribed.

[S 6 commencement: 1 July 2004.]

(1) When a juristic person wishes to apply for a licence, permit or authorisation in terms of this Act, it must nominate a natural person to apply on its behalf.

(2) The person so nominated must be identified on the licence, permit or authorisation as the responsible person.

(3) A responsible person who holds any licence, permit or authorisation issued in terms of this Act pursuant to an application contemplated in subsection (1) on behalf of the juristic person must for purposes of this Act be regarded as the holder of the licence in question.

(4) If it becomes necessary to replace a responsible person for any reason, the juristic person must in writing—

(a) nominate a new responsible person who must be in possession of the relevant competency certificate; and

(b) notify the Registrar of the nomination within seven days from the date of the nomination.

[S 7(4) substituted by s 6(a) of Act 28 of 2006 with effect from 1 March 2012.]

(5) For the purposes of this Act, a juristic person includes a trust, as long as the trust deed—

(a) clearly provides for the possession of firearms, ammunition or muzzle loading firearms by the trust;

(b) stipulates clearly the intended purpose of the possession of firearms, ammunition or muzzle loading firearms by the trust; and

(c) indicates that the possession of the firearms, ammunition or muzzle loading firearms by the trust may only endure as long as the possession is necessary to achieve the stated intended purpose.

[S 7(5) inserted by s 6(b) of Act 28 of 2006 with effect from 1 March 2012.]

[S 7 commencement: 1 July 2004.]

(1) Any accreditation required in terms of this Act must be done by the Registrar in accordance with such regulations as may be prescribed.

(2) The regulations contemplated in subsection (1) may set out different sets of criteria, in respect of different accreditations, which the Registrar must apply when issuing an accreditation and which criteria must at least include criteria relating to—

(a) trustworthiness and integrity;

(b) suitability to perform the relevant functions in terms of this Act;

(c) capacity to serve the purpose of the accreditation; and

(d) capacity to advance the purposes of this Act.

(3)

(a) The Registrar may, by notice in writing, cancel an accreditation issued in terms of this Act if—

(i) there is no longer compliance with any criterion for accreditation;

(ii) the holder of the accreditation no longer qualifies to hold the accreditation in terms of this Act; or

(iii) the holder of the accreditation has contravened or failed to comply with any provision of this Act or any condition specified in the accreditation.

(b) A notice contemplated in subparagraph (a) may only be issued if the Registrar has—

(i) given the holder of the accreditation notice in writing of the grounds on which the cancellation is to be considered;

(ii) informed the holder concerned in writing that he or she may submit written representations, within 30 days, as to why the accreditation should not be cancelled; and

(iii) duly considered any representations received and all the facts pertaining to the matter.

[S 8(3) substituted by s 7(a) of Act 28 of 2006 with effect from 1 March 2012.]

(4)

(a) If a notice contemplated in subsection (3) is issued in the case of an accreditation in respect of an association or organisation contemplated in section 16, 17, 18 or 19—

(i) such notice must be published in the Gazette; and

(ii) the registered members of that association or organisation must, within six months from the date of publication, join another relevant accredited association or organisation.

(b) If a notice contemplated in subsection (3) is issued in the case of a licence issued in terms of section 20(2)(b) to (f), the former holder of the accreditation must dispose of the firearm in question through a dealer or in such manner as the Registrar may determine.

(c) The disposal must take place within 60 days of the receipt of the notice or determination.

[S 8(4) inserted by s 7(b) of Act 28 of 2006 with effect from 1 March 2012.]

(5) If the firearm is not disposed of within 60 days—

(a) it must be forfeited to the State; and

(b) the former holder of the accreditation must surrender it immediately at such place and in such manner as the Registrar may determine.

[S 8(5) inserted by s 7(b) of Act 28 of 2006 with effect from 1 March 2012.]

(6) Any period contemplated in this section may be extended by the Registrar on good cause shown.

[S 8(6) inserted by s 7(b) of Act 28 of 2006 with effect from 1 March 2012.]

[S 8 commencement: 1 July 2003.]